By: Dutton H.B. No. 1725
73R5820 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of unlawful transfer of certain weapons and
1-3 to the civil liability of a licensed firearms dealer for damages
1-4 caused by a firearm unlawfully transferred by the dealer.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 46.07, Penal Code, is amended to read as
1-7 follows:
1-8 Sec. 46.07. Unlawful Transfer of Certain Weapons. (a) A
1-9 person commits an offense if he:
1-10 (1) sells, rents, leases, loans, or gives a handgun to
1-11 any person knowing that the person to whom the handgun is to be
1-12 delivered intends to use it unlawfully or in the commission of an
1-13 unlawful act;
1-14 (2) intentionally or knowingly sells, rents, leases,
1-15 or gives or offers to sell, rent, lease, or give to any child
1-16 younger than 21 <18> years any firearm, club, or illegal knife or
1-17 any martial arts throwing stars; or
1-18 (3) intentionally, knowingly, or recklessly sells a
1-19 firearm or ammunition for a firearm to any person who is
1-20 intoxicated.
1-21 (b) For purposes of this section, "intoxicated" means
1-22 substantial or noticeable impairment of mental or physical capacity
1-23 resulting from introduction of any substance into the body.
1-24 (c) <It is an affirmative defense to prosecution under
2-1 Subsection (a)(2) of this section that the transfer was to a minor
2-2 whose parent or the person having legal custody of the minor had
2-3 given written permission for the sale or, if the transfer was other
2-4 than a sale, the parent or person having legal custody had given
2-5 effective consent.>
2-6 <(d)> An offense under this section is a Class A
2-7 misdemeanor.
2-8 SECTION 2. Title 4, Civil Practice and Remedies Code, is
2-9 amended by adding Chapter 94 to read as follows:
2-10 CHAPTER 94. LIABILITY OF LICENSED FIREARMS DEALER
2-11 Sec. 94.001. DEFINITIONS. In this chapter:
2-12 (1) "Dealer" means a person licensed as a firearms
2-13 dealer under 18 U.S.C. Sec. 921, et seq., and its subsequent
2-14 amendments.
2-15 (2) "Firearm" has the meaning assigned by Section
2-16 46.01, Penal Code.
2-17 Sec. 94.002. LIABILITY FOR ILLEGAL TRANSFER. A dealer is
2-18 liable in civil damages for the death of or injury or loss to a
2-19 person caused by a firearm used by another person, if, before the
2-20 occurrence of the Act that caused the death, injury, or damage, the
2-21 dealer commits an offense under Section 46.07, Penal Code,
2-22 regarding the firearm.
2-23 SECTION 3. (a) The change in law made by this Act applies
2-24 only to an offense or to civil liability based on an offense
2-25 committed on or after the effective date of this Act. For purposes
2-26 of this section, an offense is committed before the effective date
2-27 of this Act if any element of the offense occurs before the
3-1 effective date.
3-2 (b) An offense or civil liability based on an offense
3-3 committed before the effective date of this Act is covered by the
3-4 law in effect when the offense was committed, and the former law is
3-5 continued in effect for that purpose.
3-6 SECTION 4. This Act takes effect September 1, 1993.
3-7 SECTION 5. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.